Bill S161-2013

Relates to the procedure for filling a vacancy in the office of state senator or in the office of member of assembly

Relates to the procedure for filling a vacancy in the office of state senator or in the office of member of assembly; allows for independent nominating petitions to be presented and provides for a special election to be held forty-five days from the date of the governor making a proclamation for a special election.

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BILL NUMBER:S161

TITLE OF BILL: An act to amend the election law, in relation to the procedure to fill senate and assembly vacancies

PURPOSE OR GENERAL IDEA OF BILL: This bill reforms the system of filling vacancies in the New York State legislature, by implementing nonpartisan special elections to replace the closed nomination process conducted by party committees.

SUMMARY OF SPECIFIC PROVISIONS: Notwithstanding the provisions of subdivision one of this section, a vacancy in the office of the state senator or in the office of member of assembly required to be filled at the next general election shall be filled by popular election in the following manner: (a) within three days of the occurrence of a vacancy, the governor shall make proclamation of a special non-partisan election to fill such office, specifying the district or county in which the election is to be held, and the day thereof, which shall be forty-five days from the date of the proclamation. (b) All nominations for elections to fill vacancies held pursuant to this subdivision shall be by independent nominating petition, such petitions to be subject to the provisions of this article pertaining to independent nominations except as is otherwise set forth in this subdivision, The sheets of the independent nominating petition shall set forth in every instance the name of the signer, his or her address, town or city (except in the city of New York, the county), and the date the signature is fixed. Such petition shall be required to contain a designated number of signatures which shall be the lesser of five percent of votes cast in the last preceding gubernatorial election or one thousand five hundred signatures per petition for the office of state senator and seven hundred fifty signatures per petition for the office of member of assembly.

JUSTIFICATION: The current selection procedure for filling vacancies in the legislature restricts the participation of voters in the electoral process, thereby undermining democracy, presently, in the event that there is a vacancy in the state legislature, the process of selecting a new representative does not permit real voter participation in a contested election. Rather, a committee filled with political insiders conducts a closed nomination meeting to determine what candidate obtains the party line, effectively guaranteeing election in many districts throughout New York State.

New York State's reelection rate ranks among the highest in the nation at 95 percent. Consequently, legislators elected through the current special election process are generally guaranteed a prolonged seat in office. In the New York State Assembly, a staggering 33 percent of legislators obtained office via a special election. Essentially, then, a significant number of legislators have been placed into office without the districts they serve being given a meaningful choice to fill the vacancy.

A fundamental tenet of our democracy is the accountability of elected officials to the public, best achieved through competitive elections. Under the current special election system, some legislators are more likely accountable to the party leaders and insiders who effectively place them into office. Reform of the vacancy fulfillment process through implementation of a non-partisan special election system will improve public accountability and reduce the influence of outside forces on the legislature.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act shall take effect immediately,

Text

STATE OF NEW YORK
________________________________________________________________________
161
2013-2014 Regular Sessions
IN SENATE
(PREFILED)
January 9, 2013
___________

Introduced by Sen. SQUADRON -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections
AN ACT to amend the election law, in relation to the procedure to fill
senate and assembly vacancies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 6-116 of the election law, as amended by chapter
373 of the laws of 1978, is amended to read as follows:
S 6-116. Party nominations; election to fill a vacancy. 1. A party
nomination of a candidate for election to fill a vacancy in an elective
office required to be filled at the next general election, occurring
after seven days before the last day for circulating designating
petitions or after the holding of the meeting or convention to nominate
or designate candidates for such, shall be made, after the day of the
primary election, by a majority vote of a quorum of the state committee
if the vacancy occurs in an office to be filled by all voters of the
state, and otherwise by a majority vote of a quorum of the members of a
county committee or committees last elected in the political subdivision
in which such vacancy is to be filled, or by a majority of such other
committee as the rules of the party may provide. A certificate of nomi-
nation shall be filed as provided for [herein] IN THIS ARTICLE.
2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
A VACANCY IN THE OFFICE OF STATE SENATOR OR IN THE OFFICE OF MEMBER OF
ASSEMBLY REQUIRED TO BE FILLED AT THE NEXT GENERAL ELECTION SHALL BE
FILLED BY POPULAR ELECTION IN THE FOLLOWING MANNER:
(A) WITHIN THREE DAYS OF THE OCCURRENCE OF A VACANCY, THE GOVERNOR
SHALL MAKE PROCLAMATION OF A SPECIAL NON-PARTISAN ELECTION TO FILL SUCH
OFFICE, SPECIFYING THE DISTRICT OR COUNTY IN WHICH THE ELECTION IS TO BE
HELD, AND THE DAY THEREOF, WHICH SHALL BE FORTY-FIVE DAYS FROM THE DATE
OF THE PROCLAMATION.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00254-01-3

S. 161 2

(B) ALL NOMINATIONS FOR ELECTIONS TO FILL VACANCIES HELD PURSUANT TO
THIS SUBDIVISION SHALL BE BY INDEPENDENT NOMINATING PETITION, SUCH
PETITIONS TO BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE PERTAINING TO
INDEPENDENT NOMINATIONS EXCEPT AS IS OTHERWISE SET FORTH IN THIS SUBDI-
VISION. THE SHEETS OF THE INDEPENDENT NOMINATING PETITION SHALL SET
FORTH IN EVERY INSTANCE THE NAME OF THE SIGNER, HIS OR HER RESIDENCE
ADDRESS, TOWN OR CITY (EXCEPT IN THE CITY OF NEW YORK, THE COUNTY), AND
THE DATE THE SIGNATURE IS FIXED. SUCH PETITION SHALL BE REQUIRED TO
CONTAIN A DESIGNATED NUMBER OF SIGNATURES WHICH SHALL BE THE LESSER OF
FIVE PERCENT OF VOTES CAST IN THE LAST PRECEDING GUBERNATORIAL ELECTION
OR ONE THOUSAND FIVE HUNDRED SIGNATURES PER PETITION FOR THE OFFICE OF
STATE SENATOR AND SEVEN HUNDRED FIFTY SIGNATURES PER PETITION FOR THE
OFFICE OF MEMBER OF ASSEMBLY. A SIGNATURE ON AN INDEPENDENT NOMINATING
PETITION MADE EARLIER THAN THE DATE OF THE PROCLAMATION REQUIRED BY
PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT BE COUNTED.
(C) ALL NOMINATING PETITIONS FILED PURSUANT TO THIS SUBDIVISION SHALL
BE FILED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 6-144 OF THIS
ARTICLE WITHIN FIFTEEN DAYS AFTER THE DATE OF THE GOVERNOR'S PROCLAMA-
TION AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION.
(D) A PERSON ELECTED TO FILL A VACANCY AT AN ELECTION HELD PURSUANT TO
THIS SUBDIVISION SHALL TAKE OFFICE IMMEDIATELY UPON QUALIFICATION AND
SERVE FOR THE REMAINDER OF THE UNEXPIRED TERM.
S 2. This act shall take effect immediately.

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